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Nullity of Marriage Act 1971

As Enacted Cited authorities 9 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved


Nullity of Marriage Act 1971

1971 CHAPTER 44

An Act to restate, with certain alterations, the grounds on which a marriage is void or voidable and the bars to the grant of a decree of nullity on the ground that a marriage is voidable; to alter the effect of decrees of nullity in respect of voidable marriages; and to abolish certain remaining bars to the grant of matrimonial relief.

[1st July 1971]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Grounds on which a marriage is void.

1 Grounds on which a marriage is void.

1. A marriage which takes place after the commencement of this Act shall be void on the following grounds only, that is to say—

a ) that it is mot a valid marriage under the provisions of the Marriages Acts 1949 to 1970 (that is to say where—

(i) the parties are within the prohibited degrees of relationship;

(ii) either party is under the age of sixteen; or

(iii) the parties have intermarried in disregard of certain requirements as to the formation of marriage);

b ) that at the time of the marriage either party was already lawfully married
c ) that the parties are not respectively male and female
S-2 Grounds on which a marriage is voidable.

2 Grounds on which a marriage is voidable.

2. A marriage which takes place after the Commencement of this Act shall be voidable on the following grounds only, that is to say—

a ) that the marriage has not been consummated owing to the incapacity of either party to consummate it;
b ) that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it;
c ) that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;
d ) that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health Act 1959of such a kind or to such an extent as to be unfitted for marriage;
e ) that at the time of the marriage the respondent was suffering from venereal disease in a communicable form;
f ) that at the time of the marriage the respondent was pregnant by some person other than the petitioner.
S-3 Bars to relief where marriage is voidable.

3 Bars to relief where marriage is voidable.

(1) The court shall not, in proceedings instituted after the commencement of this Act, grant a decree of nullity on the ground that a marriage is voidable (whether the marriage took place before or after the commencement of this Act) if the respondent satisfies the court—

(a ) that the petitioner, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and

(b ) that it would be unjust to the respondent to grant the decree.

(2) Without prejudice to subsection (1) of this section, the court shall not grant a decree of nullity by virtue of section 2 of this Act on the grounds mentioned in paragraph (c ), (d ), (e ) or (f ) of that section unless it is satisfied that proceedings were instituted within three years from the date of the marriage.

(3) Without prejudice to subsections (1) and (2) of this section, the court shall not grant a decree of nullity by virtue of section 2 of this Act on the grounds mentioned in paragraph (e ) or (f ) of that section unless it is satisfied that the petitioner was at the time of the...

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